1. (a) The OAA requires assurances that there are no conflicts of interest within the Program. Mechanisms to identify and remedy any conflicts are mandated. Office staff and volunteers must study the rules in this section and sign a form developed by OAG and the Office about containing a conflict of interest statement and ethical guidelines to certify that they can provide assurances and meet ethical guidelines.
2. (b) The assurances and ethical guidelines include, but are not limited to, the following:
3. (1) the designated ombudsman and any member of the ombudsman's immediate family may not own, operate, control, or have interest, voting rights, or outstanding indebtedness to or be employed by any company or facility or person investigated by the ombudsman;
4. (2) the designated ombudsman may not solicit or accept from any person or organization, directly or indirectly, money or anything of value if it could reasonably be expected to influence the ombudsman's official actions or judgment or could reasonably be considered a reward for any official action or omission on the part of the ombudsman;
5. (3) the designated ombudsman who is assigned or acts as an official representative of a designated entity in the presentation of papers, talks, demonstrations, or making appearances does not solicit or accept fees, honoraria, or reimbursement of expenses for personal gain. Any fees or honoraria offered in connection with these activities are paid to the designated entity;
6. (4) the designated ombudsman is alert to anything that impairs ability to objectively investigate complaints. The ombudsman avoids conflict of interest in the establishment of personal relationships that affect impartiality on the job;
7. (5) the designated ombudsman may be involved in serving as an officer or board member of a social, fraternal, or religious organization for which the ombudsman receives no compensation or anything of value, provided the organization is not affected by exercise of the ombudsman's discretion;
8. (6) the designated ombudsman may not use or disclose information gained in the course of, or by reason of, the ombudsman's official position or activities in any way without the express consent of the resident or complainant;
9. (7) the designated ombudsman discloses all past and current appointments, involvement, membership, or interest that affect or could reasonably be expected to affect the ombudsman's ability to investigate and resolve complaints in an objective and independent manner;
10. (8) the designated ombudsman may not effectively recommend or decide to hire or promote another person who is a member of the ombudsman's immediate family;
11. (9) the designated ombudsman may not give preferential or favorable treatment in provision of service to a resident who is a member of the ombudsman's family;
12. (10) the designated ombudsman may not serve as guardian, conservator, or in another fiduciary or surrogate decision-making capacity for a resident of a long-term care facility where he or she is assigned or investigates complaints;
13. (11) the designated ombudsman may not be assigned, investigate complaints, or serve residents of a facility in where his or her immediate family member resides; and
14. (12) the designated ombudsman may not conduct business in restaurants or other public places where a public observer might reasonably conclude that confidences could be breached due to lack of privacy.
15. (c) OAG or a local ombudsman entity shall not appoint or employ an individual to perform the services provided for by the Program, nor will the Ombudsman designate an individual as an Office representative who:
16. (1) has direct involvement in the licensing or certification of a long-term care facility;
17. (2) has an ownership or investment interest represented by equity, debt, or other financial relationship in a long-term care facility. Divestment within a reasonable period may be considered an adequate remedy to this conflict;
18. (3) receives, directly or indirectly, remuneration in cash or in kind under a compensation arrangement with an owner or operator of a long-term care facility; or
19. (4) is employed by or participating in the management of a long-term care facility.
20. (d) Any entity that appoints or employs Office representatives make efforts to avoid appointing or employing an individual as an Office representative who was employed by or participating in the management of a long-term care facility within the previous twelve months. Where such an individual is appointed or employed, steps are taken to remedy the conflict.
21. (e) OAG and the Office shall develop and maintain a form containing a conflict of interest statement and ethical guidelines.

<div><span style="font-family: Arial; font-size: 12pt;">Transferred from 340:105-11-252 by SB 1709 (2024), eff 11-1-24</span></div>

Amended at 42 Ok Reg, Number 20, effective 7-11-25

Amended at 43 Ok Reg, Number 18, effective 6-11-26